[WSBAPT] Order for release of remains

Sat Jan 4 11:58:51 PST 2014

The problem is how the statute vests rights in decision makers (RCW
68.50.160).  “Legal representative of the decedent’s estate” is last
(technically not even on the list, but further down in the statute). I
have successfully sued a funeral home for cremating a person without the
spouse’s knowledge/consent as the FH used a sibling’s
consent/authorization instead.  Therefore, I can understand FH’s
hesitancy, particularly in light of the statute.

Attached is an order that I obtained in a nasty fight between divorced
spouses over their son’s remains.  

IMHO, the statute needs serious revisions.

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*

P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

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From: wsbapt-owner at listserv.nethelps.com
[mailto:wsbapt-owner at listserv.nethelps.com] On Behalf Of Roger Hawkes
Sent: Saturday, January 04, 2014 11:48 AM
To: wsbapt at LISTSERV.NETHELPS.COM
Subject: RE: [WSBAPT] Order for release of remains

This seems really odd; absent other written directions, the remains are
property of the Estate, correct?

Please notice our new address below, effective August 1, 2013.

Roger Hawkes, Attorney, WSBA # 5173 

Hawkes Law Firm P.S.

206 367 5000 or  <mailto:roger at law-hawks.com> roger at law-hawks.com

19909 Ballinger Way NE

Shoreline, WA 98155

www.hawkeslawcenter.com <http://www.hawkeslawcenter.com/> 

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From: wsbapt-owner at listserv.nethelps.com
[mailto:wsbapt-owner at listserv.nethelps.com] On Behalf Of john at llllaw.net
Sent: Friday, January 03, 2014 5:20 PM
To: WSBA RPPT Probate & Trust Discussion Forum
(wsbapt at LISTSERV.NETHELPS.COM)
Subject: [WSBAPT] Order for release of remains

Learned counsel;

My client’s 99 year old uncle died and named him PR of his estate.   No
documents exist to release remains to nephew, and funeral home wants
releases from decedent’s two brothers, also in their late 90s, who are
difficult to talk to or get documents signed.

Can anyone offer an order for release of remains to the PR?   Poor uncle
has been in the fridge since December 24, at $90 per day, and the funeral
home already has the grave ready, but won’t bury uncle without some paper.

Any help greatly appreciated.

John G. Llewellyn

John G. Llewellyn, PLLC

Attorneys and Counselors at Law

4847 California Ave. SW, Suite 100

Seattle, WA  98116

PH (206) 923-2889

FX (206) 923-2892

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